12/13/2007 332 Proposed Order submitted by Ellen Arvin Kennedy (RE: related document(s)290 Application to Employ). (Kennedy, Ellen) (Entered: 12/13/2007)
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Doc 332
OCR extract
IN RE:
CASE NO. 07-50934
CHAPTER 11
HON. WILLIAM S. HOWARD
PLASTICON INTERNATIONAL, INC. :
DEBTOR.
AGREED ORDER REGARDING TRUSTEE'S APPLICATION TO EMPLOY AN AUCTIONEER
On November 5, 2007, the Trustee, Stephen Palmer, filed a Motion for Auctioneer (DE #290), requesting that this Court approve the employment of James J. Bates to cell "certain non- exempt personal property listed by the debtor in the petition."
On November 16, 2007, the Debtor filed a protective Response to the Trustee's Application, requesting clarification on the terms of the auctioneer's employment. The Trustee and the Debtor, through counsel, having conferred and otherwise agreeing; and this Court, being otherwise sufficiently advised
IT IS HEREBY ORDERED:
The Parties are agreed that the Application of the Trustee to Employ an Auctioneer does not seek the Court's authority to sell any of the Debtor's property. The Trustee agrees that any future sale of the Debtor's property will not take place in absence of a properly noticed motion and hearing on same. The balance of the Application is well taken and the Trustee is authorized to engage an auctioneer in order to properly compensate the proposed auctioneer for moving and storage of Debtor's property.
The Trustee agrees that any future sale of the Debtor's property will not take place in absence of a properly-noticed motion and hearing on same.
HAVING SEEN AND AGREED:
FOWLER MEASLE & BELL LLC
Ellen Arvin Kennedy, Esq. Timothy A. West, Esq.
300 West Vine Street, Suite 600 Lexington, KY 40507-1660
Telephone: (859) 252-6700
Facsimile: (859) 255-3735
Email: EAKennedy@Fowlerlaw.com
TWest@Fowlerlaw.com
ATTORNEYS FOR
PLASTICON INTERNATIONAL, INC.
WALTER ROARK & GAY PLLC,
Jonathan L . Gay, Esq.
163 E. Main Street, Suite 200
Lexington, KY 40507
Telephone: (859) 225-4714
Facsimile: (859) 225-1493
Email: jgay@wrgfirm.com
ATTORNEYS FOR
CHAPTER 11 TRUSTEE, STEPHEN PALMER |
